Topic: in order to properly dismiss for lack of subject matter jur… · Go Syfert
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Topic #1908

7 canonical passages across 4 cases, quoted by 149 opinions in total. These passages cluster together because the same opinions keep quoting them side by side — they state parts of one doctrine. The anchor passage is from Titus v. Sullivan.

#Case FlagCanonical passage Citers
1 Titus v. Sullivan Anchor
ca8 · 1993
green “in order to properly dismiss for lack of subject matter jurisdiction under rule 12(b)(1), the complaint must be successfully challenged on its face or on the factual truthfulness of its averments.” 47
2 Titus v. Sullivan
ca8 · 1993
green “in a facial challenge to jurisdiction, all of the factual allegations concerning jurisdiction are presumed to be true and the motion is successful if the plaintiff fails to allege an element necessary for subject matter jurisdiction.” 41
3 Joseph Osborn and Pamela Osborn, Individually and as Father and Mother and Guardians Ad Litem of Shawna Osborn v. United States
ca8 · 1990
green “jurisdictional issues, whether they involve questions of law or of fact, are for the court to decide.” 22
4 Titus v. Sullivan
ca8 · 1993
green “on its face or on the factual truthfulness of its averments.” 20
5 Crooks v. Lynch
ca8 · 2009
green “a rule 12(b)(6) motion to dismiss for failure to state a claim, accepting the facts alleged in the complaint as true and granting all reasonable inferences in favor of the plaintiff, the nonmoving party.” 7
6 Moss v. United States
ca8 · 2018
green “may look outside the pleadings to affidavits or other documents.” 7
7 Moss v. United States
ca8 · 2018
green “the party invoking federal jurisdiction must prove jurisdictional facts by a preponderance of the evidence.” 5

A red or yellow flag on a member means the underlying case has negative treatment — for those, check the case page before relying on the passage.

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